Study On The Sin Form Of Environmental Pollution Crime

With the continuous development of economic construction,environmental pollution incidents occur frequently.The Criminal Law Amendment(eight),adopted in 2011,made significant changes to article 338 of the Criminal Law and changed major environmental pollution accident crime to environmental pollution crime.This amendment expanded the scope of adjustment,reduced the threshold of entry into sin,and embodied the independent protection of environmental law benefits.However,because the criminal law provisions do not clearly stipulate the sin form,through the expression of guilt is difficult to determine,leading to a great controversy in the academic circles.Under the criminal policy of strictly controlling pollution,in order to enhance the operability of environmental pollution crime in judicial practice,the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued the interpretation of several issues concerning the application of law in criminal cases of environmental pollution.However,the dispute over the sin form of the crime was not resolved and the coexistence of act crimes and result crimes in interpretation made the cognizance of environmental pollution crime more confusing.The author thinks that the determination of the sin form of the crime is of great significance to the conviction and sentencing.Based on this,this article analyzes the related theories of the sin form of the environmental pollution crime and analyses the problems existing in the judicial application by using the method of theory research and the case analysis.By considering the factors that determine the sin form of the crime,the author puts forward some suggestions on perfecting the legislation of environmental pollution crime in our country.This article is mainly divided into four parts.The first part evaluates the related theories about the sin form of environmental pollution crime in our country,but no matter which point of view we insist,there will be loopholes in the punishment of the pollution of the environment.The second part is the analysis of the judicial case of environmental pollution crime.Through the comparative analysis of the typical cases in the judicial trial in recent years and the 454 judgments on the environmental pollution crime of 2017,it is found that there are some problems in the judicial application of the environmental pollution crime,such as the parallel of act crimes and result crimes and the confusion of the cognizance of the sin form.The third part is the consideration of the determining factors of the crime form of environmental pollution crime.In this part,through the analysis of the legislative basis and the legislative principle of environmental criminal law and draws lessons from foreign countries,the author finds that Germany,Japan and the United States have some common characteristics in the regulation of the crime of environmental pollution: that is,to pay attention to legislation to protect environmental law,to set up danger crimes,and to define the form of sin.The forth part is about the legislative perfection of the sin form of environmental pollution crime.The author proposes to refine the crime of environmental pollution crime,revising the article 338 of the current criminal law as the actual damage crimes and adding the crime of danger crimes.At the same time,making clear the sin form of the crime,the crime form of the danger crime should only include criminal intent,the sin form of the actual damage crime should be wrapped crimental intent and negligence.